Interpleader action
Colleagues:
My municipally owned ambulance service has been served in a District Court Interpleader action. It is not a liability action. The insurance company for the ‘at fault driver’ has tendered the full amount of the uninsured motorist policy limits. Numerous parties are named as persons/entities claiming an interest in the UIM coverage amount., whereupon the insurance company seeks the Court’s assistance in determining the interests and demands of the individual Defendants for fear of liability ifthe funds are tendered individually.
Is there a priority statute for distribution of insurance proceeds or some other guideline for the Court to consider in an Interpleader action of this sort?
Steven Holloway
hipshot.steven@gmail.com
My experience has been pro rata based on the individual claims as compared to the amount to be distributed.
Harlan S. Pinkerton, Jr.
900 N. McKinley
Sand Springs, OK 74063
H: 918-245-4527
C: 918-688-7465
-----Original Message-----
From: Steven Holloway hipshot.steven@gmail.com
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Sent: Wed, Dec 16, 2020 1:01 pm
Subject: [Oama] Interpleader action
Colleagues: My municipally owned ambulance service has been served in a District Court Interpleader action. It is not a liability action. The insurance company for the ‘at fault driver’ has tendered the full amount of the uninsured motorist policy limits. Numerous parties are named as persons/entities claiming an interest in the UIM coverage amount., whereupon the insurance company seeks the Court’s assistance in determining the interests and demands of the individual Defendants for fear of liability ifthe funds are tendered individually. Is there a priority statute for distribution of insurance proceeds or some other guideline for the Court to consider in an Interpleader action of this sort? Steven Hollowayhipshot.steven@gmail.com--
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The party interpleading funds usually pays the money into court and is dismissed leaving the claimants to prove their claims and the court to make an equitable division. If there are no priority issues, then it should be distributed pro rata.
Good Luck!
From: Oama oama-bounces@lists.imla.org On Behalf Of Steven Holloway
Sent: Wednesday, December 16, 2020 1:02 PM
To: Oklahoma Muncipal Attorneys oama oama@lists.imla.org
Subject: [Oama] Interpleader action
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Colleagues:
My municipally owned ambulance service has been served in a District Court Interpleader action. It is not a liability action. The insurance company for the ‘at fault driver’ has tendered the full amount of the uninsured motorist policy limits. Numerous parties are named as persons/entities claiming an interest in the UIM coverage amount., whereupon the insurance company seeks the Court’s assistance in determining the interests and demands of the individual Defendants for fear of liability ifthe funds are tendered individually.
Is there a priority statute for distribution of insurance proceeds or some other guideline for the Court to consider in an Interpleader action of this sort?
Steven Holloway
hipshot.steven@gmail.commailto:hipshot.steven@gmail.com